T. Mark Anderson, as Co-Executor of the Estate of Ted Anderson, and Christine Anderson, as Co-Executor of the Estate of Ted Anderson//Cross-Appellants, David R. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer v. Richard T. Archer, David R. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer//Cross-Appellees, T. Mark Anderson, Co-Executor of the Estate of Ted Anderson, and Christine Anderson, as Co-Executor, 03-13-00790-CV

T. Mark Anderson, as Co-Executor of the Estate of Ted Anderson, and Christine Anderson, as Co-Executor of the Estate of Ted Anderson//Cross-Appellants, David R. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer v. Richard T. Archer, David R. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer//Cross-Appellees, T. Mark Anderson, Co-Executor of the Estate of Ted Anderson, and Christine Anderson, as Co-Executor

03-13-00790-CV

| Tex. App. | Aug 28, 2015

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Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/28/2015 5:29:28 PM JEFFREY D. KYLE Clerk No. 03-13-00790-CV THIRD COURT OF APPEALS 8/28/2015 5:29:28 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-13-00790-CV *1 ACCEPTED ^[6711306] CLERK

T. Mark Anderson, § IN THE THIRD

as co-executor of the estate of §

Ted Anderson, and §

Christine Anderson, §

as co-executor of the estate of §

Ted Anderson, Appellants §

v. § COURT OF APPEALS

Richard T. Archer, David §

B. Archer, Carol Archer §

Bugg, John V. Archer, §

Karen Archer Ball, and §

Sherri Archer, Appellees § AUSTIN, TEXAS

MOTION FOR CONTINUANCE

TO THE HONORABLE JUDGE OF THIS COURT:

Appellants/Cross-appellees, Movants, hereby urge the Court to continue

oral argument and submission of this case, and in support show:

1. Oral argument is set for September 2, 2015.

2. Movants seek a continuance of 30 days to allow them to retain new

counsel. Appellants’ current counsel has personal health conditions which have

become disabling and incompatible with continuation of proper representation

of Movants herein. A Motion to Withdraw is filed contemporaneously

herewith. Movants do not oppose the motion to withdraw as long as they have

a reasonable time to allow their substitute counsel opportunity to prepare. This withdrawal is not sought for delay only but that justice may be done.

CERTIFICATE OF CONFERENCE

4. Movants have conferred with counsel for Appellees/Cross-

appellants in this action; and they are opposed. For the above reasons, Movants request the Court to continue

submission of this case and reset oral argument for thirty days, or as soon

thereafter as the Court can hear the matter.

Respectfully submitted,

THE LAW OFFICE OF

GERALD D. MCFARLEN, PC

28 Fabra Oaks Road

Boerne, TX 78006

Phone: (830) 331-8554

Fax: (210) 568-4305

Email: gmcfarlen@mcfarlenlaw.com

BY: /s/ Gerald D. McFarlen

State Bar No. 13604500

ATTORNEYS FOR CROSS

APPELLEES

CERTIFICATE OF SERVICE

I do hereby certify that on the 28th day of August, 2015, a true and correct

copy of the foregoing motion was furnished to all counsel of record in accordance

with the Texas Rules of Civil Procedure.

Laurie Ratliff

Ikard, Golden, Jones, P.C.

400 West 15 th Street, Suite 975

Austin, Texas 78701

ATTORNEYS FOR APPELLEES/CROSS APPELLANTS

/s/ Gerald D. McFarlen